FOUNDED IN 1976

Concurrence of fault in traffic accidents

Concurrencia de culpas en accidentes de tráfico
Concurrence of faults in traffic accidents

Prior to 2016 the driver of the motor vehicle was responsible for the damages caused in a traffic accident, both to people and property, as a consequence of the risk that driving these vehicles itself causes during their journey circulation.

However, two very different cases must be distinguished: damage to persons or damage to property.</p >

  • Damage to people : in this case, the driver of the vehicle will be exonerated if he can prove that the damage caused to other people is due to the conduct or negligence of the person who has suffered the damages.
  • Damage to property </ strong>: in this case, the driver will be considered responsible when by action or omission he causes damage to third parties, due to his own fault or negligence. </ li>

Based on this, the concurrence of faults took effect, in which the responsibility was based on a percentage of fault , that is, in the event that there was more than one culprit, the responsibility would be divided based on the percentage of culpability.

A somewhat confusing process that caused problems when insurers claimed sole fault of the victim and, secondarily, a reduction in compensation in case the existence of the victim was proven of a concurrence of faults.

THE new traffic scale of 2016 modifies what was previously explained, leaving article 1.1 as follows:

“The driver of motor vehicles is responsible, by virtue of the risk created by driving them, for damages caused to persons or property due to of circulation.”

Both in the case of damage to persons and damage to property, the two sections remain the same, but with a nuance in the case of personal injury where the person responsible must be the one who demonstrates that the fault lies exclusively with the victim.

On the other hand, we see a modification in relation to the concurrence of faults that in its place appears the concept of “contribution to the production of damage”.

From what we understand that the concept of concurrence of guilt disappears if we consider it with the same meaning that it had in the old Scale.

This new scale clarifies the concurrent fault, referred to the occupants and not to the drivers and therefore the injured person either does not receive any compensation for being the culprit, or charge it in full, without applying any percentage.

The compensation for traffic accidents of those injured who fail to comply with their duty to mitigate the damage, the victim fails to comply with this duty if he stops carrying out a generally required conduct.</p >

Leave a Comment

Artículos relacionados

Tipologías de Responsabilidad Civil

Types of Civil Liability

Typologies of Civil Liability Typologies of Civil Liability in Educational Centers, parents and employers. Civil liability of parents and schools Responsibility of parents for acts

Leer más »

Get information without obligation

QUESTIONS? ASK OUR EXPERTS

    Under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, CASAJUANA ASESORES S.L.P informs you that your personal data included in this form, will be included in a file created under our responsibility, in order to communicate with you to carry out the maintenance and control of the business relationship that binds us and may be transferred to third parties to manage the business relationship.
    According to Regulation (EU) 2016/679 of 27 April 2016, you may exercise your rights of access, rectification, opposition and deletion by writing to CASAJUANA ASESORES S.L.P at Calle de Diego de León, 47, 28006, Madrid or email despacho@jlcasajuana.com

    SUBSCRIBE TO OUR NEWSLETTER

    Scroll to Top
    Abrir chat
    1
    Scan the code
    Hola
    ¿En qué podemos ayudarte?